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Re: Microsoft needs a help strategy


From: Rjack
Subject: Re: Microsoft needs a help strategy
Date: Wed, 28 Jan 2009 09:35:11 -0500
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

High Plains Thumper wrote:
Peter Köhlmann wrote:
Rjack wrote:
Hyman Rosen wrote:
Rjack wrote:

The voidable, preempted provision of the GPL is section
2(b)'s modify-and-distribute term. Please demonstrate
where Microsoft has modified-and-distributed GPL licensed code.

Please demonstrate where anyone has used your (incorrect)
legal theories to openly and successfully violate the terms
of the GPL.

There is no need. All GPL suits end in voluntary dismissal.
You need only say no to SFLC or FSF demands and you'll
receive a voluntary dismissal. The official court records --
the only records that count -- confirm this fact.

The official court records say that you are full of it

http://arstechnica.com/open-source/news/2007/07/skype-loses-gpl-lawsuit-in-germany.ars

or http://tinyurl.com/bkspnp

[quote]
Skype loses GPL lawsuit in Germany
By Troy Unrau | Last updated July 25, 2007 8:11

Skype lost a GPL (version 2) lawsuit today as a Munich court ruled against them on a literal interpretation of the wording of the GPL. Skype was shipping Linux as part of their WSKP100 VoIP phone but they were not shipping the source code. Under the terms of the GPLv2, you can elect to not ship the source and instead choose to provide a link to the source where it is freely available. However, the real problem seems to be that they were not shipping a copy of the GPL license itself, which is in violation of the terms of the license.
[/quote]

http://news.cnet.com/8301-13580_3-9808378-39.html

[quote]
October 31, 2007 9:45 AM PDT
BusyBox settles Monsoon GPL lawsuit
Posted by Stephen Shankland

Programmers behind the BusyBox collection of open-source utilities have settled a September lawsuit that contended Monsoon Multimedia's use of the software violated the General Public License (GPL).

Under the terms of the settlement, Monsoon may ship its Hava digital TV products using the BusyBox software without objection from BusyBox, according to a joint announcement Tuesday from Monsoon and the Software Freedom Law Center, which represents BusyBox.

In addition, Monsoon has agreed to appoint an open-source compliance officer to monitor the issue, to publish on its Web site the source code for the version of BusyBox it uses, to undertake "substantial efforts to notify previous recipients of BusyBox from Monsoon Multimedia of their rights to the software under the GPL, and to pay an undisclosed amount of money to BusyBox.
[/quote]

There are others, a Google away.

I have *always* limited my remarks to applicable U.S. jurisdictions.
I leave foreign jurisdictions to others.

You are repeating unverifiable, self-serving propaganda claims from the SFLC about the Monsoon suits. The federal court records show no evidence of anything other than voluntary dismissals by the plaintiffs.

Sincerely,
Rjack :)


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